Evertson v. Sutton
New York Supreme Court
This was an action of trespass tried at the Tompkins circuit in January, 1829, before the Hon. Samuel Nelson, one of the circuit judges.
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This was an action of trespass tried at the Tompkins circuit in January, 1829, before the Hon. Samuel Nelson, one of the circuit judges. One Horace Jerome, being the owner of certain premises in the town of Ulysses in the county of Tompkins, on which there was a valuable grist-mill, and on which the plaintiff had three mortgages, entered into an agreement with the plaintiff, on the 13th July, 1826, to deliver to him the possession of the premises within 45 days, the use of the properly to be deemed equivalent to the interest accruing on the mortgages. On the 20th September, 1826, an agent of…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The statute under which these proceedings were had provides that where any tenant or lessee at will or at sufferance, or for part of a year, or one or more years, or from year to year, shall hold over after the expiration of his term, it shall be lawful for the landlord or *284lessor to make oath in writing of such holding over without permission ; and thereupon to apply to a judge who shall issue a summons, and take other proceedings pointed out in the statufe, ending in a warrant to deliver possession to the ° . , . , landlord or lessor. This statute is applicable…
2Cited by30 opinions
- Willis v. Eastern Trust & Banking Co.Supreme Court of the United States · 1898
- Birdsall v. PhillipsNew York Supreme Court · 1837
- Benjamin v. . BenjaminNew York Court of Appeals · 1851
- Roach v. CosineNew York Supreme Court · 1832
- The People Ex Rel. Ainslee v. . HowlettNew York Court of Appeals · 1879
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